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THE ETHICAL ROLE OF THE ATTORNEY UNDER ALABAMA'S ANTI-IMMIGRANT LAW

" What is the role of the attorney in advising non-citizens who may be committing crimes in Alabama by virtue of simply being alive in Alabama?" - Cyrus D. Mehta, Nov. 11, 2011 .

The Duty to Correct False Evidence Submitted on Behalf of a Client: When Does it End?

" In the immigration context, it may appear that a lawyer’s obligation to remedy a client’s fraud or false statement, if it was made to a tribunal, could last in perpetuity. It could result in draconian results, if say, a child or a spouse derived a green card, or even a derivative citizenship...

Wa. Ethics Rule Bars Mention of Immigration Status for Coercive Purpose in Civil Cases

"Mentioning an individual's immigration status in court might not seem all that intimidating to a U.S. citizen. But it can deter someone who is undocumented from pursuing a civil claim, or improperly influence a jury, the Washington Supreme Court says. It clarified an existing state rule of...

The Ethics of Deportation

"I start by looking at the way the world is organized today. It resembles feudalism. Being born into the United States rather than the Congo is like being born into the nobility rather than the peasantry in the Middle Ages. This completely random factor dramatically advantages and disadvantages...

The Unethical Use of Immigration Status in Civil Matters

"[T]he Washington Supreme Court unanimously adopted a formal Comment to RPC 4.4(a) to provide guidance on the use of immigration status in civil matters. The comment became effective on Sept. 1, 2013. The comment notes that “[i]ssues involving immigration status carry a significant danger...

2 New NYSBA Ethics Opinions on Immigration - Law360

Law360, July 24, 2015 - "Lawyers for children in immigration proceedings may disclose the names and some information about their clients’ cases to so-called granting organizations in certain instances, according to one of two recently published New York State Bar Association ethics opinions...

Cyrus D. Mehta on Ethical Obligations of Lawyers Who Represent Toddlers

Cyrus D. Mehta, Mar. 13, 2016 - " There has been a justifiable sense of shock and outrage after a senior immigration judge testified in a legal proceeding that three- and four-year-olds could represent themselves in complex removal proceedings. This is precisely what Immigration Judge Weil said...

Judge Hanen Rakes DOJ Lawyers Over Ethics Coals in DAPA Case

You've read about it in the news . Now read Judge Hanen's 28-page order for yourself. Stay tuned for reactions from practitioners and academics.

Is Judge Hanen's 'Rulebook' Order Even Legal?

Georgetown Law Professor Orin Kerr raises a good point regarding Judge Hanen's 'rulebook' order : "Hanen does not discuss whether he has the legal authority to impose this remedy. Most of the people who have to comply with this order are lawyers who will never enter Hanen’s jurisdiction...

Cyrus Mehta: Were the DOJ Lawyers Really Unethical in Texas v. USA?

Cyrus Mehta, June 4, 2016 - "Judge Hanen’s order dated May 19, 2016 reprimanding thousands of Department of Justice lawyers for unethical conduct is astounding because it does not even appear that their conduct was unethical. Much has already been written about Judge Hanen’s strange...

Cyrus D. Mehta: Immigration Inadmissibility, Legal Ethics And Marijuana

Cyrus D. Mehta, Oct. 10, 2016 - "Although medical and recreational marijuana activities are illegal under federal law , at least 25 states have legalized marijuana for medical use. Colorado, Washington, Oregon and Alaska have gone even further by legalizing some forms of recreational marijuana,...

The Ethical Role of Immigration Lawyers During the Trump Regime - Cyrus Mehta

Cyrus Mehta, Dec. 19, 2016 - "... The role of the immigration lawyer has become ever more important since Trump winning the election, and the prospects for increased immigration enforcement after January 20, 2017 when Trump is President. While Trump has softened some of his harsh rhetoric since...

EB-5 Green Card, Ethics and Trump - Cyrus Mehta

Cyrus Mehta, May 22, 2017 - "The EB-5 green card program for foreign investors is very much in the news due to its connection with President Trump! A series of news reports have highlighted the Kushner family’s attempt to raise funds through the EB-5 green card program from Chinese investors...